Articles Posted in personal injury

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daniel-monteiro-413416-copy-199x300California may not get the harsh winters that are seen throughout much of the country. However, even in the Golden State the weather changes during the winter. Temperatures drop and the days are shorter, and this causes car accidents that may not have occurred during the hot summer months. Below are the three most common types of accident claims filed in California during winter, and what you should do if you are involved in any of them. If you have been injured in any type of accident, reach out to a California personal injury lawyer today.  

Slip and Fall Accidents

Only certain parts of California see any snow during the winter, but the entire state gets some rainfall, and icy patches are sometimes found in some areas. In slippery conditions like these, it is easy for a person to slip and fall and become seriously injured. Slip and fall accidents and claims increase during the winter. 

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sonja-langford-eIkbSc3SDtI-unsplash-copy-300x200Many people are hesitant to file a lawsuit because they envision a long and drawn-out legal battle in the courtroom. Not all personal injury cases take a long time to resolve, however. Even when they do, they are worthwhile for accident victims to pursue. These claims are often the only way to obtain compensation that can help with medical expenses, lost income, and more. So, if you have been hurt by someone else’s negligence and wish to file a personal injury claim, how long will it take? That is a difficult question for anyone to answer, even after evaluating the facts of your case. However, there are a few guidelines below you can follow to determine how long it will take before your case is finalized. 

Settlement Negotiations

You may receive your first settlement offer from the other side’s insurance company shortly after the crash. Often this happens just days after an accident while you are still in the hospital. Truthfully, these negotiations can take anywhere from a week to several years. This is because negotiations never really stop until your case is finalized and has been closed. 

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ferdinand-stohr-652260-unsplash-copy-300x200When it comes to evidence of a car accident, photos taken at the scene are some of the most important. Eyewitnesses are not always present at the accident scene. Without photographs, there is sometimes little reliable evidence to be collected from the scene aside from the police report. Photos of the scene are so important that this step is listed on every single list of what to do after an accident. However, what should you take pictures of after a crash, exactly? Below you will find, according to San Francisco car accident lawyers, the most important items to document, and tips for taking pictures after a car accident. 

Take a Picture of the Whole Scene

You will want pictures capturing the entire scene to depict exactly what happened. Take a few steps back and take several photos from different angles. Make sure all vehicles involved are in the picture, as well as objects such as guardrails or trees that might be relevant. You also want to show the positions of the vehicles, as this can help determine which driver was negligent. 

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harlie-raethel-516092-unsplash-1-copy-300x187There are many reasons people do not file personal injury claims, even when they are eligible for compensation. One of those reasons is simply the fear of the unknown. They do not know what to expect from a lawsuit, what steps to take, or what will be expected of them. If you have been hurt by someone else’s negligence, it is important that you do not let this fear keep you from the compensation you deserve. Becoming familiar with the process can make it less stressful, and help you feel more confident about your claim. 

Finding the Right Attorney

If you have been hurt in a slip and fall, or any other accident that allows for compensation under the California Civil Code, you need to first speak with an attorney. An attorney will guide you through all the steps in a lawsuit and tell you what is coming next. Your lawyer will also review your claim and explain the California laws that pertain to it. If  your attorney determines that you have a case, he or she will start collecting evidence and building your claim. 

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soren-astrup-jorgensen-206084-unsplash-copy-300x200In California, everyone must carry the minimum amount of insurance required by state law. When you get into an accident with a negligent driver, you will have two insurance companies to deal with — your own, and that of the other driver. While this may sound fairly straightforward, it is not.

The insurance company, particularly the one for the other driver, is not your friend. They will try anything they can to get you to admit fault, or take your words out of context so you look like the negligent party. Many drivers are not familiar with their tactics. As such, they get tricked into providing things not required of them by law, or signing away their rights. Below are a few of the strategies these companies use to ruin your claim.

They Show Up Immediately

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saneej-kallingal-696189-unsplash-copy-300x200Leaving Neverland, the documentary outlining the sexual assault two young boys experienced at the hands of Michael Jackson, aired for two nights on HBO this past week. In the documentary, the boys recounted how Jackson not only abused them, but threatened them with the prospect of jail if they were to tell anyone. The boys were 7 and 10 at the time the abuse took place.

The documentary was graphic, sparing no detail, and was difficult to watch. It was an important documentary though, as hopefully it now gives sexual assault victims the voice they need to come forward and to know their story will be believed. It is important that any victim of sexual assault understands that they too, can come forward, even if not to pursue criminal charges. In California, it is also possible to file a civil lawsuit to claim compensation for this type of abuse.

Types of Sexual Assault

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abdiel-ibarra-249884-unsplash-copy-300x169If you are a driver in the San Francisco area, you likely have some stories about the distracted drivers you have seen around you. You can often see drivers eating, talking on the phone, texting, reading, and even putting on clothes or makeup. It is certainly scary to watch, especially knowing that they are behind the wheel of what is essentially a two-ton weapon moving at speed.  Many of us often say to ourselves, “That person is going to hurt or kill someone if they do not pay better attention to what they are doing!” The question then, is what happens when they actually do hurt or kill someone?

Motor Vehicle Accidents and Distracted Driving Statistics

In 2017 (the last year for which statistics are available), motor vehicle accidents were responsible for 37,133 fatalities in the US. According to The Office of Traffic Safety, California accounted for 3,602 of those. 858 pedestrians were killed by motor vehicles in California, as well.  Nationwide, 3,450 people were killed by distracted drivers as well as 562 pedestrians and bicyclists. This accounts for almost 10% of total fatalities. In California, which has some of the most strict distracted driver laws, there were more than 178,000 cell phone use convictions and more than 31,000 convictions for texting while driving (these numbers are for 2016, the most recent year for these numbers). Californians ranked texting while driving and talking on a phone (either with hands or hands-free) as the two largest dangers while driving and over 62% of those surveyed said they had either been hit or almost hit by someone using a cell phone.  Clearly, distracted driving is a serious issue and is causing a substantial number of injuries and deaths that are potentially avoidable.

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a-l-117960-copy-300x198Driverless vehicles may be the new wave of auto technology, but they do not come without their own set of legal issues. According to Forbes, 41% of Google’s Waymo autonomous driving vehicles have already been involved in 32 accidents in the Mountain View area. As if driving in San Francisco was not challenging enough for human motorists, now we have another aspect to consider: driverless vehicles. If you have been injured in an accident involving a driverless vehicle, contact the car accident attorneys at Willoughby Brod today for a full and free consultation of your case.

Who is at Fault?

Who is at fault in a car accident involving an autonomous vehicle depends on a number of factors, such as whether the vehicle was fully autonomous or partially autonomous. In order to determine which parties may be at fault, it is important to evaluate the specific case at hand. However, below is a list of parties that may be at fault depending on the specific circumstances.

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igor-ovsyannykov-219657-copy-300x200On November 5, 2018, two chilling vehicle collisions in San Francisco’s North Beach neighborhood that ended in fatalities remind all vehicle operators – but especially motorcyclists – to take utmost caution when on the road. While motorcycle accidents are not necessarily more common than other vehicular accidents, they do result in more fatalities and serious injuries. If you regularly ride your motorcycle around San Francisco, take the following precautions in order to keep yourself and those around you safe. If you have been injured in a motorcycle accident, contact the personal injury attorneys at Willoughby Brod so that we can help you fight for the compensation you deserve.

  1. Watch where you are going.

This may sound obvious, but in a vast majority of collisions involving a motorcycle and other vehicle, the other vehicle strikes the motorcycle head-on rather than from the rear. Thus, paying attention to the road ahead of you can prevent head-on collisions from occurring and drastically reduce the number of motorcycle accidents and fatalities.

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orlando-leon-390504-copy-200x300What is a Common Carrier?

In California, a common carrier is a transportation company that transports people, goods, or property around the state. A transportation company that wants to be labeled a common carrier must meet the following requirements:

  • The reason the transportation company was established was to transport people or goods from one place to another
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